M v F (Children: Treatment of Expert Evidence)

M v F (Children: Treatment of Expert Evidence)

Given the father's ongoing lack of insight into his controlling and coercive behaviour, the risk of emotional harm to the mother and children, and the evidence that the children's wishes for equal shared care were heavily influenced by the father, it is not in the children's best interests to make a shared care (equal time) order. The children will live with the mother and spend time with the father on alternate weekends and Thursday evenings, with a section 91(14) bar imposed to prevent further litigation for two years.

Parties
Applicant Mother: M; 1st Respondent Father: F; 2nd and 3rd Respondents: X & Y (children by their Children’s Guardian, NYAS Caseworker, Natalie Bell)
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Children Act 1989 Private Law Proceedings (child Arrangements) / Final Judgment After Fact Finding and Welfare Hearings
Outcome
Child arrangements order: children to live with mother, spend time with father on alternate weekends and Thursday evenings; section 91(14) bar for two years; no shared care order.
Legal Topics
Child Arrangements Orders, Domestic Abuse (controlling and Coercive Behaviour), Welfare Checklist, Shared Care, Section 91(14) Bar, Expert Evidence, Children's Wishes and Feelings
Family Law Child Law Child Arrangements Orders Domestic Abuse (controlling and Coercive Behaviour) Welfare Checklist Shared Care Section 91(14) Bar Expert Evidence +1 more

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Parties

M

Applicant Mother

F

1st Respondent Father

X & Y (children by their Children’s Guardian, NYAS Caseworker, Natalie Bell)

2nd and 3rd Respondents

Procedural Posture

Children Act 1989 Private Law Proceedings (child Arrangements) / Final Judgment After Fact Finding and Welfare Hearings

Legal Issues

  1. 1 How should the court determine child arrangements where findings of controlling and coercive behaviour have been made against a parent?
  2. 2 What weight should be given to the children's wishes and feelings where there is evidence of parental influence?
  3. 3 What is the appropriate risk assessment and welfare analysis in the context of ongoing emotional harm and lack of parental insight?

Ratio Decidendi

Given the father's ongoing lack of insight into his controlling and coercive behaviour, the risk of emotional harm to the mother and children, and the evidence that the children's wishes for equal shared care were heavily influenced by the father, it is not in the children's best interests to make a shared care (equal time) order. The children will live with the mother and spend time with the father on alternate weekends and Thursday evenings, with a section 91(14) bar imposed to prevent further litigation for two years.

Court Disposition

Child arrangements order: children to live with mother, spend time with father on alternate weekends and Thursday evenings; section 91(14) bar for two years; no shared care order.

Orders

  • Children to live with the mother.
  • Children to spend time with the father on Thursdays after school until 20:00 and on alternate weekends (Friday to Monday).